(a) An agency
may allocate the portion of the expense incurred or authorized by it in
retaining additional personnel pursuant to section 20 of this title to the
applicant or the company or companies involved. In this section,
"agency" means an agency, board, or department of the State enabled
to authorize or retain personnel under section 20 of this title.

(1) The
Commission shall upon petition of an applicant or company to which costs are proposed
to be allocated, review and determine, after opportunity for hearing, having
due regard for the size and complexity of the project, the necessity and
reasonableness of such costs, and may amend or revise such allocations. Nothing
in this section shall confer authority on the Commission to select or decide
the personnel, the expenses of whom are being allocated, unless such personnel
are retained by the Commission. Prior to allocating costs, the Commission shall
make a determination of the purpose and use of the funds to be raised
hereunder, identify the recipient of the funds, provide for allocation of costs
among companies to be assessed, indicate an estimated duration of the retention
of personnel whose costs are being allocated, and estimate the total costs to
be imposed. With the approval of the Commission, such estimates may be revised
as necessary. From time to time during the progress of the work of such
additional personnel, the agency retaining the personnel shall render to the
company detailed statements showing the amount of money expended or contracted
for in the work of such personnel, which statements shall be paid by the
applicant or the company into the State Treasury at such time and in such
manner as the agency may reasonably direct.

(2) In any
proceeding under section 248 of this title, the Agency of Natural Resources may
allocate the portion of the expense incurred in retaining additional staff
authorized in subsection (a) of this section only if the following apply:

(A) the Agency of
Natural Resources does not have the expertise, and the retention of such
expertise is required to fulfill its statutory obligations in the proceeding;
and

(B) the Agency
of Natural Resources allocates only that portion of the cost for such expertise
that exceeds the fee paid by the applicant under section 248b of this title.

(b) When regular
employees of an agency are employed in the particular proceedings and
activities described in section 20 of this title, the agency may also allocate
the portion of its costs and expenses to the applicant or the company or
companies involved. The costs of regular employees shall be computed on the
basis of working days within the salary period, except that the Department of
Public Safety, Division of Emergency Management and Homeland Security may
allocate the full cost of the regular employee. The manner of assessment and of
making payments shall otherwise be as provided for additional personnel in
subsection (a) of this section. However, with respect to proceedings under
section 248 of this title, the Agency of Natural Resources shall not allocate
the costs of regular employees.

(c) With the
approval of the Governor, the Department of Public Service may also allocate
such portion of expense incurred by it in administering the purchase of
electric energy or power or natural gas from outside the State, to the electric
or gas distribution companies, cooperative, municipal or privately owned, to
which such energy, power, or gas is sold, in proportion to the purchases thereof
to such companies. When regular employees are employed on such work, their cost
shall be computed on the basis of working days within the salary period. The
manner of assessment and making payments shall otherwise be as provided for
additional personnel in subsection (a) of this section.

(d) The Agency
of Natural Resources may allocate expenses under this section only for costs in
excess of the amount specified in 3 V.S.A. § 2809(d)(1)(A).

(e) Annually, on
or before January 15, each agency shall report to the Senate Committee on
Natural Resources and Energy and the House Committees on Energy and Technology
and on Natural Resources, Fish, and Wildlife the total amount of expenses
allocated under this section during the previous fiscal year. The report shall
include the name of each applicant or company to whom expenses were allocated
and the amount allocated to each applicant or company. The Agency of
Agriculture, Food and Markets also shall submit a copy of its report to the
Senate Committee on Agriculture and the House Committee on Agriculture and
Forestry.

(f) With the
approval of the Governor, the Department of Public Service may allocate the
expense incurred under 10 V.S.A. § 7063 in compensating members and alternate
members of the Commission among the generators of low-level radioactive waste
in the State. Any such allocation shall be in proportion to the volume of waste
generated by each such generator.

(g) An agency
may allocate such portion of expense incurred or authorized by it in
compensating persons retained in the monitoring of postclosure activities of a
nuclear generating plant pursuant to subsection 20(a) of this title to the
plant whose activities are being monitored. Except for the Commission, the
agency shall obtain the approval of the Governor before making such an
allocation.